Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of Korea, Mexico, and Poland: Continuation of Antidumping Duty Orders, 55011-55012 [2023-17409]

Download as PDF Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 7.33 percent, the allothers rate established in the LTFV investigation.5 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: August 3, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Must Conduct Verification in This Administrative Review Comment 2: Constructed Value Profit and Constructed Value Selling Expenses 5 See Forged Steel Fluid End Blocks from the Federal Republic of Germany and Italy: Amended Final Antidumping Duty Determination for the Federal Republic of Germany and Antidumping Duty Orders, 86 FR 7528, 7530 (January 29, 2021). VerDate Sep<11>2014 17:38 Aug 11, 2023 Jkt 259001 Comment 3: Major Input Adjustment Comment 4: Scrap Offset VI. Recommendation [FR Doc. 2023–17408 Filed 8–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–849, A–580–890, A–201–848, A–455– 805] Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of Korea, Mexico, and Poland: Continuation of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders emulsion styrene-butadiene rubber (ESB rubber) from Brazil, the Republic of Korea (Korea), Mexico, and Poland would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders. DATES: Applicable August 2, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 12, 2017, Commerce published in the Federal Register the AD orders on ESB rubber from Brazil, Korea, Mexico, and Poland.1 On August 1, 2022, the ITC instituted, and Commerce initiated, the first sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or recurrence of dumping, and therefore, notified the ITC of the magnitude of the margins of 1 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 FR 42790 (September 12, 2017) (Orders). 2 See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico, Poland, and South Korea; Institution of Five-Year Reviews, 87 FR 47001 (August 1, 2022); and Initiation of Five-Year (Sunset) Reviews, 87 FR 46943 (August 1, 2022). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 55011 dumping likely to prevail should the Orders be revoked.3 On August 2, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Orders The products covered by the Orders are cold-polymerized ESB rubber. The scope of the Orders includes, but is not limited to, ESB rubber in primary forms, bales, granules, crumbs, pellets, powders, plates, sheets, strip, etc. ESB rubber consists of non-pigmented rubbers and oil-extended nonpigmented rubbers, both of which contain at least one percent of organic acids from the emulsion polymerization process. ESB rubber is produced and sold in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (IISRP). The scope of the investigations covers grades of ESB rubber included in the IISRP 1500 and 1700 series of synthetic rubbers. The 1500 grades are light in color and are often described as ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades are oilextended and thus darker in color and are often called ‘‘Brown Rubber.’’ Specifically excluded from the scope of these Orders are products which are manufactured by blending ESB rubber with other polymers, high styrene resin master batch, carbon black master batch (i.e., IISRP 1600 series and 1800 series) and latex (an intermediate product). The products subject to these Orders are currently classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States (HTSUS). ESB rubber is described by Chemical Abstract Services (CAS) Registry No. 9003–55–8. This CAS number also refers to other types of styrene butadiene rubber. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of these Orders is dispositive. 3 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders, 87 FR 73286 (November 29, 2022), and accompanying Issues and Decision Memorandum. 4 See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico, Poland, and South Korea; Determinations, 88 FR 50911 (August 2, 2023) (ITC Final Determination). E:\FR\FM\14AUN1.SGM 14AUN1 55012 Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices Continuation of the Orders DEPARTMENT OF COMMERCE As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be August 2, 2023.5 Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year (sunset) reviews of the Orders not later than 30 days prior to the fifth anniversary of the date of the last determination by the Commission. International Trade Administration Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: August 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–17409 Filed 8–11–23; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 3510–DS–P 5 See 17:38 Aug 11, 2023 Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Termination of the Suspension Agreement and Issuance of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is terminating the Agreement Suspending the Antidumping Duty Investigation on Certain Cut-to-Length Carbon Steel Plate (CTL plate) from the Russian Federation (Russia) (2003 Agreement). Accordingly, Commerce is issuing an antidumping duty (AD) order on CTL plate from Russia. Commerce is directing the suspension of liquidation and collection of cash deposits to begin on the date of publication of this notice. DATES: Applicable August 14, 2023. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–0408, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 3, 1996, Commerce initiated an AD investigation under section 732 of the Tariff Act of 1930, as amended (the Act) on CTL plate from Russia.1 Commerce suspended the AD investigation on October 24, 1997, on the basis of an agreement between Commerce and the Government of Russia (GOR) under section 734(l) of the Act to restrict the volume of direct and indirect exports to the United States of CTL plate from all Russian producers/ exporters and to revise its prices to eliminate completely sales of this merchandise to the United States at less than fair value.2 In the Final Determination, Commerce calculated weighted-average dumping margins of 53.81 percent for Joint Stock Company Severstal (Severstal) and 185.00 percent 1 See Initiation of Antidumping Duty Investigations: Certain Cut-To-Length Carbon Steel Plate from the People’s Republic of China, Ukraine, the Russian Federation, and the Republic of South Africa, 61 FR 64051 (December 3, 1996). 2 See Suspension of Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 62 FR 61780 (November 19, 1997) (1997 Suspension Agreement). ITC Final Determination. VerDate Sep<11>2014 [A–821–808] Jkt 259001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 for the ‘‘Russia-wide’’ entity.3 In December 1997, the U.S. International Trade Commission (ITC) determined that an industry in the United States was threatened with material injury by reason of imports of CTL plate from China, Russia, South Africa, and Ukraine.4 On June 6, 2002, based on the evidence of Russian economic reforms to that date, Commerce revoked Russia’s status as a non-market economy (NME) country under section 771(18)(B) of the Act, effective on April 1, 2002.5 On December 20, 2002, Commerce and three Russian CTL plate producers, Severstal, JSC Magnitogorsk Iron and Steel Works, and JSC NOSTA (OKIW) Integrated Iron-Steel Works, signed a revised suspension agreement pursuant to section 734(b) of the Act. The effective date of the 2003 Agreement was January 23, 2003.6 On November 9, 2022, Commerce revoked Russia’s market-economy status in the AD investigation into Emulsion Styrene-Butadiene Rubber from the Russian Federation.7 On March 30, 2023, domestic producers Nucor Corporation, Cleveland-Cliffs Inc., and SSAB Enterprises LLC (collectively, domestic parties) filed a request to terminate the 2003 Agreement.8 They argue that the 2003 Agreement is no longer in the public interest primarily because in November 2022 Commerce reclassified Russia as an NME country. We asked interested parties to comment on the request in a Federal Register notice published on April 24, 2023.9 We received comments from the domestic parties and the GOR. We received rebuttal comments from the domestic parties. These comments are summarized and addressed in the 3 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 62 FR 61787, 61794 (November 19, 1997) (Final Determination). 4 See Certain Carbon Steel Plate from China, Russia, South Africa, and Ukraine, Inv. Nos. 731– TA–753- 756 (Final), USITC Pub. 3076 (December 1997) (ITC Determination). 5 See Memorandum, ‘‘Inquiry into the Status of the Russian Federation as a Non-Market Economy Country Under the U.S. Antidumping Law,’’ dated June 6, 2002. 6 See Suspension of Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR 3859 (January 27, 2003). 7 See Emulsion Styrene-Butadiene Rubber from the Russian Federation, 87 FR 69002 (November 17, 2022) (final and classification of the Russian Federation as an NME). 8 See Domestic Parties’ Letter, ‘‘Request to Terminate Suspension Agreement,’’ dated March 30, 2023. 9 See Invitation for Comment on the Agreement Suspending the Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 88 FR 24756 (April 24, 2023). E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55011-55012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17409]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-849, A-580-890, A-201-848, A-455-805]


Emulsion Styrene-Butadiene Rubber From Brazil, the Republic of 
Korea, Mexico, and Poland: Continuation of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders emulsion styrene-
butadiene rubber (ESB rubber) from Brazil, the Republic of Korea 
(Korea), Mexico, and Poland would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of these AD 
orders.

DATES: Applicable August 2, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2017, Commerce published in the Federal Register 
the AD orders on ESB rubber from Brazil, Korea, Mexico, and Poland.\1\ 
On August 1, 2022, the ITC instituted, and Commerce initiated, the 
first sunset review of the Orders, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ As a result of its 
reviews, Commerce determined that revocation of the Orders would likely 
lead to the continuation or recurrence of dumping, and therefore, 
notified the ITC of the magnitude of the margins of dumping likely to 
prevail should the Orders be revoked.\3\
---------------------------------------------------------------------------

    \1\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 
FR 42790 (September 12, 2017) (Orders).
    \2\ See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico, 
Poland, and South Korea; Institution of Five-Year Reviews, 87 FR 
47001 (August 1, 2022); and Initiation of Five-Year (Sunset) 
Reviews, 87 FR 46943 (August 1, 2022).
    \3\ See Emulsion Styrene-Butadiene Rubber from Brazil, the 
Republic of Korea, Mexico, and Poland: Final Results of the 
Expedited First Sunset Reviews of the Antidumping Duty Orders, 87 FR 
73286 (November 29, 2022), and accompanying Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    On August 2, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\4\
---------------------------------------------------------------------------

    \4\ See Emulsion Styrene-Butadiene Rubber from Brazil, Mexico, 
Poland, and South Korea; Determinations, 88 FR 50911 (August 2, 
2023) (ITC Final Determination).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders are cold-polymerized ESB rubber. 
The scope of the Orders includes, but is not limited to, ESB rubber in 
primary forms, bales, granules, crumbs, pellets, powders, plates, 
sheets, strip, etc. ESB rubber consists of non-pigmented rubbers and 
oil-extended non-pigmented rubbers, both of which contain at least one 
percent of organic acids from the emulsion polymerization process.
    ESB rubber is produced and sold in accordance with a generally 
accepted set of product specifications issued by the International 
Institute of Synthetic Rubber Producers (IISRP). The scope of the 
investigations covers grades of ESB rubber included in the IISRP 1500 
and 1700 series of synthetic rubbers. The 1500 grades are light in 
color and are often described as ``Clear'' or ``White Rubber.'' The 
1700 grades are oil-extended and thus darker in color and are often 
called ``Brown Rubber.''
    Specifically excluded from the scope of these Orders are products 
which are manufactured by blending ESB rubber with other polymers, high 
styrene resin master batch, carbon black master batch (i.e., IISRP 1600 
series and 1800 series) and latex (an intermediate product).
    The products subject to these Orders are currently classifiable 
under subheadings 4002.19.0015 and 4002.19.0019 of the Harmonized 
Tariff Schedule of the United States (HTSUS). ESB rubber is described 
by Chemical Abstract Services (CAS) Registry No. 9003-55-8. This CAS 
number also refers to other types of styrene butadiene rubber. Although 
the HTSUS subheadings and CAS registry number are provided for 
convenience and customs purposes, the written description of the scope 
of these Orders is dispositive.

[[Page 55012]]

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the Orders. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be August 
2, 2023.\5\ Pursuant to section 751(c)(2) of the Act, Commerce intends 
to initiate the next five-year (sunset) reviews of the Orders not later 
than 30 days prior to the fifth anniversary of the date of the last 
determination by the Commission.
---------------------------------------------------------------------------

    \5\ See ITC Final Determination.
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17409 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-DS-P

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